Bolam test - Indian Laws - General

Jacob Mathew v. State of Punjab and Anr.- [ 2005 (8) TMI 621 - SUPREME COURT] The test for determining medical negligence as laid down in Bolam case [(1957) 2 All ER 118 (QBD), WLR at p. 586] holds good in its applicability in India. In Bolam v. Friern Hospital Management Committee (supra), Lord McNair said : ...I myself would prefer to put it this way : A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men in that particular art . In the instant case, expert opinion is in favour of the procedure adopted by Opposite Party No. 3 at the time of Surgery on 2.4.90. [ Kusum Sharma and Ors. v. Batra Hospital and Medical Research Centre and Ors.- 2010 (2) TMI 1257 - SUPREME COURT]